Resolution CM/ResDH(2025)180
Execution of the judgment of the European Court of Human Rights
Petrov and Ivanova against Bulgaria
 
(Adopted by the Committee of Ministers on 3 September 2025
at the 1535th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
45773/10
PETROV AND IVANOVA
31/03/2016
30/06/2016
 
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
 
Having regard to the final judgment transmitted by the Court to the Committee in this case, and to the violations established on account of statements breaching the right to presumption of innocence made by the Minister of Interior, as well as on account of a degrading treatment due to the psychological effects of police search and the lack of effective remedy in these respects;
 
Recalling also the violations established by the Court on account of statements breaching the right to presumption of innocence made by public prosecutors and a member of the Parliament and the lack of effective remedy in this respect in cases in which the Committee has closed its supervision after the adoption of individual measures, while noting that the examination of such questions concerning the general measures continues in the present case;
 
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
 
-          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
-          of general measures preventing similar violations;
 
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
 
Having examined the action report provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)310);
 
Recalling that the general measures adopted in order to prevent degrading treatment due to the psychological effects of police operations have been examined in the Gutsanovi case (CM/ResDH(2024)354);
 
Having noted that the examination of the general measures required for preventing similar violations of the presumption of innocence by prosecutors and judges, as well as violations of the right to effective remedy in the event of a breach of the presumption of innocence resulting from the reasons provided in a judicial decision continues in the Banevi case;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.